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05/10/2010 Regular
CITY C)F COLUMBIA HEIGHTS 590 40`" Avenue NE, Columbia Heights, MN 55421-3898 (763)706-3600 TDD ('763)'706-3642 Visit our website at: waaw.ei.eolumbfa-heiuhis.nn:.us Galt' L. Peterson Councilmembers Robert A. tiVilliams Brace Nawrocki Tanrmera Diehm Brace Kelcenberg City Manaeer Gi'alter R. Fehst The following is the agenda for the regular meeting of the City Council. to be held at 7:00 p.m. on Monday, May 10, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) L CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Father Tom Kunnel, Immaculate Conception Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadiine.~ 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation 3 Father Tom Kunnel, Immaculate Conception, Year of the Priest Celebration p . CSE AGE A (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.} A. Appro`v'e City Cvttilili meetlii~ niinute$ MOTION: Move to approve the minutes of the Aprii 26, 2010 City Council meeting. p4 MOTION: Move to approve the minutes of the May 3, 2010 Board of Appeals and Equalization.. p13 B. Accept minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the minutes of the March 23, 2010 EDA meeting p15 ARC ~rT. n.r...,~.,. . tl. ,~„ ~.i.,. ~,r,,.. $ ~n~n rnl .~ ~ ~~.., ~c lYt.VTI VIV. l"ViiJV ~. tiS ai.~.epi ille 1[t if tCiiY.J vi lily li'l cu j' , L. ~iiV a allf lliig ai1G o3i llig ~ViIf lii'IJ~3~lii pG.J meeting. C. Aoorove Transfer of Funds for Detox Transports, and Uniaue Thrift, CHHS and AHDTF Overtime from General Fund to Police Department Budget Overtime Line #1020 p33 MOT10N: Move to transfer $13,156.25, the amount of money received from Unique Thrift and Columbia Heights High School for overtime security details, and from Anoka County as reimbursement for detox transports and for overtime worked by the department's DTF officer, from the General Fund to the 2010 Police Department Budget line 1020, Overtime. City Council Agenda Monday, May 10, 2010 Page 2 of 2 D. Adopt Resolution 2010-29, being a Resolution for joint planning efforts with the City of p34 Minneapolis for a streetcar on Central Avenue MOTION: Move to waive the reading of Resolution 20 i 0-29 there being ample copies available to the public. MOTION: Move to approve Resolution 2010-29, approving joint planning efforts with the City of Minneapolis for a Central Avenue streetcar line. E. Approval of the attached list of rental housing_applications. p35 MOTION: Move to approve the items listed for rental housing license applications for May 10, 2010 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications p43 MOTION: Move to approve the items as listed on the business license agenda for May 10, 2010, as presented. G. Approve payment of the bills p4g ~~IOTIOI`;T: TM~Iove t:, approd'e payment v^f the biiiS i~Utvf tiie proper fi7ndS, aS iiSted iii theattaChc"d check register covering Check Number 134540 through 134674 in the amount of $674,380.00. MOTION: Move to apprave the Consent Agenda items. 6. PUBI.,IC HEARINGS A. Adopt Res_olution_2010-28.,.1218-1220 Circle Terrace Blvd. N.E. being a Resolution of the Cit Council. of the City of Columbia Hei hg is apRroving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. p52 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010-28 being ample copies available to the pr.tblic. MOTION: Move to adopt Resolution Number 2010-28 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A} ofthe rental license listed. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. New Business and Reports -none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10..AD.IO~URJ~IMENT ~` ~ ~ •, / . ,~ .~--I;inda'L. Magee, Assistant to,~t~`e ~'ity l~~Ianager/Human Resources Director wF/pvm ~° 2 PROCLAMATION Whereas: Father Tom Kennel serves and enhances the Church and School of The Immaculate Conception located on Jackson Street in the City of Columbia Heights since July of 2005; and Whereas: The Church and School of the Immaculate Conception serves a diverse community of citizens living within the City limits to hear and share the Word; and Whereas: A Christian proclamation does not proclaim'°words," but the Word, and the proclamation coincides with the very person of Christ; and Whereas: Authentic service to the Ward requires from the priest a deep denial of himself until being able to say; "It is not I who lives, but Christ who lives in me"; and Whereas: Father Tom Kennel is'the "'voice" of the Word and the proclamation; and Whereas: Always implies as well the denial of oneself, the condition so the proclamation can be authentic and effective. -x lr-atxr 'razraarrr.-a-ur s t-~ __ .a.'_ TT_°_S_._ C+.._~_ _s 1\tJ W, lt-1C,I`~t"Vti~,, A, Uary I'ClCr5VI1, 1VdayUi' (Jftlle t~ity 431 CUlUZI1Dld t1C~~I1CJ, ~3CitCC t)1 Ivlinnesota, so hereby proclaim Ivlay 23`d, in honor of Father Tom Kennel as part of the year of the Pr.es± celebrat.on to be ~~~ TIl 1Ylr.~ 11V LL A 1 in Columbia Heights. OFFICL4L PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 26, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 26, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Mell, Immaculate Conception Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolutions 2010-38 and 2010-39 in that the properties have been brought into compliance. Mohan by Nawrocki to add back "Council Corner" to the agenda, to discuss City business. Diehm stated that she was not opposed, but with the understanding that items would be limited to five minutes. Fehst stated it was expressed that it sometimes Council Corner went too long. Nawrocki stated this ores removed by the Mayor or Manager and not by the City Council. This is contrary to the open meeting law to do business in front of the public. The intent is not for action to be taken, but for items to be a matter of record. Diehm stated that we are not bound to do this, but it can be allowed for social items. Diehm questioned if Council Corner would be for tidbits of information or items of concern. Fehst indicated distaste in continually bringing up the same items. Peterson stated that it was never meant to be a discussion period. New business was added because Council Corner was removed, where action can not be taken, but items brought forward. Council members can bring items to the City Clerk to have them added to the agenda. A draft agenda is distributed on Wednesday and items can be added before Friday. Peterson stated that all meetings are open to the public. Nawrocki referred to Raksert's Rules of Order where new and old business are standard items. Nawrocki stated that the Manager has not placed some of his requests on the agenda. if action t-ias ilot been completed, it is fair to bring it up so it is ilot forgoi~eri. Peterson stated coi~cei~ti that staffnat be degraded far information that is still being processed. Peterson called for a second to the motion. Motion died for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of nears of service by four Library Pages Peterson read the proclamation recognizing four Library Pages that have worked at the Library r •. iOr nine ycais caGl`i. 1-Ic pie~ctied caCii Page with d Pi"oi;laiiiattiii. Becky Loader, Library Director, introduced Library Pages Alicia Cermak, Regina Jesse, Dan Kleinfehn, and Nicholas Olberding. These pages have worked for the city for a combination 36 years. Two of these Pages have been patrons since they were young children. Loader indicated their backgrounds, assignments given, and the programs they have been involved in. Loader spoke of their pride in assisting at our library and how seriously they take their service. On behalf of the Library Board and staff, Loader indicated their pride in these Pages. On the behalf of the City Council, Peterson concurred. City Council Minutes Monday, Apri126, 2010 Page 2 of 9 B. Introduction of new employ Becky Loader, Library Director, introduced Renee Dougherty, the new Adult Services Librarian. Loader gave the background of Ms. Dougherty, indicating that she had previously worked for our Library. She came to us from the Benson Public Library. Dougherty indicated her pleasure to be the new Adult Services Librarian. Peterson welcomed her back to the community. Bill Elrite, Finance Director, introduced Stacey House, the new Secretary II -Finance. Ms. House comes with a significant clerical and accounting background. Ms. House indicated her pleasure to work for and assist this community. C. Proclamation -Community Prayer Breakfast Peterson read the Proclamation for the Community Prayer Breakfast to be held on Wednesday, May 5, 2010 at Murzyn Hall. D. Proclamation -Arbor day Peterson read the Proclamation for Arbor Day E. Proclamation -Building Safety Month Peterson read the Proclamation for Building Safety Month F. Proclamation -Silver Star Families Day Peterson read the Proclarnatian for Silver Star Families of our service then and women and requested that appreciation be shown to our service men and women. Peterson invited everyone to our Memorial Day service, located at the City Hall flag pole, on May 31St CONSENT AGENDA Nawrocki requested to remove items B, C, and D for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items. A. At~ppprove minus^tYes of the April 1C S2i, 9}2010 Cirtpy Council mreeting p g w p r~EPYY 1'Y9 ~S C'lP~ 6 l1BIF'1 ('~I~Yri PYri ~PY iM1/ Y615~J YYlC 14 YRP [E ]CSC !~('atVY Yl1 Y~"~3 Y91P iEi6~~ '0"Y[P [EIt3 [] ~'~P ~Y+~9'1!3 f PY[t'Y'r26 1llVttttt tAJ14VU `.'V NtlV tlttll.ltlV Vt Ot 1lttltlttJ tt ltV VY kJ VVdtttVd LtLV tV YV tLtt l1tV VV tA' L11V VtCLtlt.t tVtt4t Kt Loft apartment vote was recorded in the minutes. Williams indicated in the affirmative. otion to approve the minutes of the April 12, 2010 City Council meeting. B. Demolition Bids for 3853 3rd Street 4110 6th Street and 4303 Reservoir Boulevard. -removed. C. Authorize an impressed checking account to track ATM activity -removed D. Approve transfer of funds received for EMS coverage at MYAS basketball tournaments from the General Fund to the Fire Department 2010 budtret. -removed E. Approval of the attached list of rental housing applications. Motion to approve the items listed. for rental housing license applications for April 26, 2010 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 26, 2010 as presented. City Council Minutes Monday, April 26, 2010 Page 3 of 9 G. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 1.34377 through 134539 in the amount of $831,274.06. Diehm stated that one of the business licensees is under investigation by the Attorney General's office. She reminded residents that just because someone has a license to operate within the City of Columbia Heights, we do not make any representation of quality of service. She encouraged residents that before they hire any contractor, even if they are licensed by the City of Columbia Heights, to do research before hiring them. Motion by Nawrocki second by Williams to approve the Consent Agenda with the exception of items B, C, and D. Upon vote: All ayes. Motion carried. B. Demolition Bids for 3853 3rd Street 4110 6th Street and 4303 Reservoir Boulevard. Nawrocki indicated. he was pleased to see the tabulation of casts in the staff information. He questioned the administrative expenses and the limit of $55,000 for the three properties. Fehst stated that Limit was far the purchase price. Peterson stated that these purchases were approved by Council. Nawrocki asked where the costs were in the financial statement book. Fehst stated that he did not know the fund number, but it is from an approved account. Fehst stated that these numbers can be included in the future. Motion by Kelzenberg, second by Williams, to approve the demolition contract for Demo Dig and Haul, Inc. in the amount of $22,838 for properties located at 3853 3rd Street, 4110 6th Street and 4303 Reservoir Boulevard. Upon vote: Ali ayes. Motion carried. C. Authorize an impressed checking account to track ATM activity. Nawrocki questioned the cost of machine maintenance. Elate stated the machines are warranted for one year, and are estimated to last five years. The City will received $2 far each transaction made. Staff has reviewed maintenance alternatives. The other option was to give them 50 percent nr.a__ r ~~ .._a .a.,._.. ..ra _4,._.._..,. rrt.„+. ,.ta t,. ,. ,.~ an .,. ,.t.,,,,,. „ vt iiic icc~ auu Lucy vJOuiu coJer maiu~cuauw. i uai vJOuiu vc cnaLi~ii w ~Lir~i~a~c a new machine. The company does provide the ribbons and paper products for the machine. Nawrocki indicate~1 tl~pc action cetc yip a ~ernarate hank afrt~unt fnr these machines. Nawrnr_,ki ga2estinned the number of signatures required by the City Charter. Elrite stated that State Statute requires two signatures. Our yearly designation of depositaries requires two signatures. This method allows a different level of security. Jim Hoeft, City Attorney, stated he was not aware of that provision in the Charter. Motion by Williams, second by Diehm, to waive the reading of Resolution 2010-31, being a resolution authorizing an imprest {c.~hecking account for ATM (Automated Teller Machine) a~;tl~'ity. 1 irlnn yat?: A I1 ayac. Mo±~on !.`-`arried. Motion by Williams, second by Diehm, to adopt Resolution 2010-31, being a Resolution authorizing an imprest checking account to track ATM (Automated Teller Machine) activity. Upon vote: All ayes. Motion carried. D. Approve transfer of funds received. for EMS coverage at MYAS basketball tournaments from the General Fund to the Fire Department 2010 budPet. Fire Chief Gary Gorman explained the Fire Department's EMT involvement at basketball City Council Minutes Monday, April 26, 2010 Page 4 of 9 tournaments. This service was provided at no cost for years. We were not able to provide the service last year, due to budget constraints. This year they asked us to provide the service, as they had funding available. Motion by Kelzenberg, second by Williams, to transfer $1458.01, the amount received for EMS coverage at the Minnesota Youth Athletic Services basketball tournaments, from the General Fund to the Fire Department 2010 budget. Upon vote: All ayes. Motion carried. Peterson asked if we have a defibrillator at our gym. Gorman indicated that the gym does have a defibrillator in service. PUBLIC HEARINGS A. Adopt Resolution 2010-32, 3930 University Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Hei~hts• Fire Chief Gary Gorman indicated this abatement is for the Root property that was recently damaged by fire. This is to recoup some costs for addition work done to secure this property. Nawrocki stated concern that this attracts children and should be abated as soon as possible. Gorman indicated the large group of people required to gather together to discuss a resolution far this property. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2010-32 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, Diehm, to adopt Resolution Number 2010-32 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. otio carried. B. Adopt Resolutions 2010-27 4241-43 2nd Street N.E. and 2010-30, 607-09 38th Avenue N.E. 4..>s...,. Dam.-.I,.+'....,c. 4 i I:..m 4',1.. F~,.- 4`. iE..r-a. +n rrx~r~f ti,rs ra.vaearAmantc n$~the us.ii~ ~~t,~viu~ivtt~ ap~irv`v'iii`~`, rencae ii~~.nSe re`JvCa~iv~i ivi cuiiue~. ~v ^iia..aJu uia. ivyu~iv~ii~.i.w .i. Property Maintenance C~ades. Gorman indicated the revocation for the 2"a Street property is far electrical issues. The owner was looking far financing to upgrade the building and received an extension. The extension date is past and the repairs have not been made. Gorman stated that the license revocation for 38`" Avenue is for failure to submit an application and non-payment of fees. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Racalz~tinn NtimbPrc 701.0-27 and 2010-3(~ tl?ere bet-1n-g ample cOpieS available t0 the »tlblic. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second. by Williams, to adopt Resolution Numbers 2010-27 and 2010-30 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthe rental licenses listed. Upon vote: All ayes. Motion carried. City Council. Minutes Monday, April 26, 2010 Page 5 of 9 C. Second reading of Ordinance 1580 being an Ordinance relating to the date change of the State Primary Election. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1580, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance 1580, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to the date change of the State Primary Election. Nawrocki indicated that the Mayor and two Council member seats will be on the ballot. Election filings will be open from May 18th to June 1St Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. i~iew Business and Reporis Nawrocki stated that Section 68 of City Charter requires the payment of bills be made with signatures of the Mayor and City Manager. Nawrocki indicated what he perceived to be traffic problems caused by removal of the pedestrian bridge, included the blocking of the sidewalk between 47th and 49th Avenues, forcing pedestrians to go through the parking lot. Diehm complimented the School District on notifying the public via an automated message from the school. The Principals and Assistant Principals, along with plenty of crossing guards, have been available on a daily basis. Nawrocki indicated there is a blockage of view by the monument sign at 43`d and Central Avenue. Fehst stated that initially they drd not receive a permit and placed the sign in an incorrect spot. The owner maved the sign to a location that is in compliance with code. Nawrocki referred to the Recycle booklet released by the County, indicating it does not address the new requirement of decomposable trash bags. Fehst stated that it was presumed this would have been highlighted by the County. Nawrocki suggested Channel 16 cable also mention the bag requirement. Nawrocki expressed his personal unhappiness at the cancellation of the quarterly HRA meeting. There are resident council issues that should have been allowed for discussion. Diehm stated that as Chair of the HRA, the decision was made to cancel the meeting as there were no action items. A meeting regarding the resident council wilt be held. in May. Residents she spoke to requested to meet prior to and resolve issues before an HRA meeting. Public notice will be provided on the date. Nawrocki again brought up notification to the owner that has ignored issues at Dave's Heating on 37`h and Johnson. This is an eyesore for the adjoining neighbors. ADMINISTRATIVE REPORTS Report of the City Manager Fehst announced. that the Board of Appeal and Equalization will be held on May 3`d. He described City Council Minutes Monday, Apri126, 2010 Page 6 of 9 the valuation of the home versus the assessed market value and the estimated two year lag. Fehst indicated that the work session will. discuss a trolley car system at the request of the City of Minneapolis. Nawrocki referred. to a newspaper article indicating some counties are having problems with their computer system far tax statements. He asked if Anoka County uses this system.. Report of the City Attorney -nothing to report CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, suggested the recycling center expand to accept electronics and propane tanks. He stated concerne with purchasing the Mady property because the property requires soil removal. He referred to near misses in the airways over Columbia Heights, specifically one last Wednesday. Fehst suggested he contact the FAA. Morrell stated he has, but asked for the power or persuasion from the City to Look into this. Fehst stated that the FAA would take action on these issues. Nawrocki referred to the Metropolitan Airport Commission. Diehm stated our representative on the Commission is either John Williams or Sherry Steverson. Mayor Peterson indicated with sorrow the passing of Telecommunications Commission member, Ruben Rubhn. Peterson stated "Don't forget aui° service men and women; keep them in our thoughts and prayers. Don't' take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:35. Patricia uscovitz CMC City Clerk Ix~.SfeL.rTTIaroN ^sa~' am_a' BEING A RES®LUTI®N AUTH(3RIZING AN IMPREST CI-IECKING ACCDLT1dT F®R ATM (AUTGMATED TELLER MACHINE} ACTIVITY WHE AS, installing ATM machines in the liquor stores would enhance customer service, and WHEREAS, the ATM's would provide additional revenue and enhance Liquor store profits, and WHEREAS, the most cost effective method to track ATM transactions is through a separate imprest checking account NOW, THEREFORE, BE IT RESOLVED, that an imprest account shall be established at one of the City's designated depositories for the purpose of facilitating ATM activity BE IT FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against funds on deposit with said bank shall be signed by two of the following: Mayor Ci+~, n?anager Finance Director and that said bank is hereby authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the depository is hereby requested, authorized and directed to honor checks, drafts, and other withdrawal orders when bearing or purporting to bear the facsimile signatures of two of the following: Mayor City Manager Finance Director and that the depository shall be entitled to honor and to charge this corporations for all such checks, drafts, or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such City Council Minutes Monday, April 26, 2010 Page 7 of 9 facsimile signature or signatures resemble the facsimile specimens duly certified to be on file with the Banks by the Finance Director or other officer of this corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on the behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. RESOLUTION 2010-32 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gregory Stull (Hereinafter "Owner of Record"}. ~Ihereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section. 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein. was sent via regular mail to the owner of record on April 22, 2010. N~`+°•i~ therefore in accordance with the fCrP~vnin~a and all ordinances and regl:IaftonS of the C'Ity of Columba Heights the ('i~, Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on March 17, 2010 the Fire Department responded to a fire at the address listed above. After the situation was under control the Fire Chief ordered an immediate abatement and that the property be secured. The Fire Chief ordered the Public Works Department to respond to the scene and secure the property with the proper fencing. 2. "l hat on April 22, 2010 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and. have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3930 University Avenue N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 7 Th.,+ .,Ii rmla.,.,«t ...,.-a; t..~ ...i ...,.-+: o,. .,+a.-.~..+ 6..,.,., L..~.~« .t., t.. a,i «..+:..., ,.C +i.:., E,,... <;...> «,i ., ..+1,,,> t,....,>;....., ... iuu~ uu ,~.,a,vuu~ Yui~,w auu ~.,u,uv.a ui L~w~w~ iiuv,.. ~wu uwy ,%rvr,.u ievuw vi. uua in.ueuir~, a~.eu an`y' vuai u~uiutg~ relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case tnay be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3930 University Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010-27 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A} of that certain residential rental license held by Dan Schreier (Hereinafter "License Holder"}. „~I:-, _._ ,, _. .___I__, _~'_ ~_.__, ___ _r.S._-.- .~ ..- ,:.. 2n ~, n~nnd n~ r r, _.]...., F. Vi' uGrtaB, i~l.GhJC ~iu7dcl 15 lI7G if,gdI UWCier Oi IIIt', Ieal property 1V(..dLeCi AL 'tL'-rl-`~i~J .: .~. Ireet TV .~.., i,„U 1'ICIITOia I-ielglltS, 1VITnneSOta, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 31, 2010 of an public hearing to be held on April 26, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 29, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the 10 City Council Minutes Monday, Apri126, 2010 Page 8 of 9 Rental Housing License Application. 2. That on December 7, 2009 an extension of time was granted in order to make the repairs. 3. That on March 8, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 4. That on March 31, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to-wit: Shall repair the electrical in the building,: it only works in half the apt. Shall have a licensed electrician do the repair work. 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9588 is hereby revoked. 2. The City will post far the purpase of preventing occupancy a copy of this ordec° on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2010-30 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by CNC Houses, LLC (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 607-09 38`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code; Chapter SA; Article iV; Section SA.40$(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 6, 2010 of an public hearing to be held on April 26, 2010. Now, therefore, in accordance with. the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That an or about February 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail. to the owner at the address listed in the property records. 2. That on April 6, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were fnotnri to Pxi~t~ tp-wit: Failure. to ci~hmit renewal rental IIrPiICP apr~iiratinn anti feec, 4. That ail parties, including the License Haider and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article Ill SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9513 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO.1580 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, REGARDING ESTABLISHED DATE FOR THE PRIMARY ELECTION The City of Columbia Heights does ordain: (A} Chapter 2, Article I, Section 2.2101 of the Columbia Heights City Code, is hereby amended to read as follows: 2.101 ELECTIONS (B) The municipal election day for the city shall be the first Tuesday after the first Monday in November of every even-numbered year. (C) Persons who are elected to municipal offices on that date shall assume the duties at the time of the first regularly scheduled Council meeting in January following a regular municipal election. 11 City Council Minutes Monday, April 26, 2010 Page 9 of 9 (D) The four-year term of office for Council members shall be staggered so that the offices of no more than two Council members will be on the ballot for each municipal election. Provided, however, that if a vacancy exists on the council, the city shall forthwith appoint an eligible person to fill the same until the next regular municipal. election, when the office shall be filled for the unexpired term, and that such office may be on the ballot in addition to the two offices provided for herein. (E) The primary election date shall be held on the date established by Minnesota State law. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. 12 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS BOARD OF APPEALS AND EQUALIZATION MONDAY, MAY 3, 2010 The following are the minutes for the BOARD OF APPEALS AND EQUALIZATION for the City of Columbia Heights City Council held at 6:04 p.m. on Monday, May 3, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. BOARD OF REVIEW ROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Not Present: Councilmember ~~Iilliams, STATEMENT OF PURPOSE OF THE BOARD OF APPEALS AND EQUALIZATION To review property valuations as of January 2, 2010 for taxes payable 2011, and to hear appeals from citizens who feel aggrieved or have questions regarding property valuations. INTRODUCTION The City Manager Walt Fehst introduced the Anoka County Appraisers: m Jim Rouleau -Senior and Commercial Appraiser e Mike Ducklow, Prireipal Appraiser • Mike Brawn, Residential Appraiser QUESTIONS AND ANSWERS REGARDING PROPERTY VALUES Mike Brown indicated this Board meeting is to discuss the 201.0 Assessment for taxes payable in 2011; notices were sent out March 22, 2010. Qualified sales for value in 2010 are from October 1, 2008 through September 30, 2009. The next cycle will be from October 1, 2009 through September 30, 2010 for the 2011 assessment, payable in 2012. Brown pointed out that the assessment process is completed prior to the budget process. Assessors do not ac~iitct vala,P in nrt~Pr to inr,r~aG~ rPVPn~t~ The City nfC'nleornhia NPiahtc hac'7 54~ x~arr.PEc --~--- ------ --- ----- -- ---------- -- ~ ------- ---- --v -_ _-------_-° ----a----- ----_ ~ ~_' - r------_- Brown indicated on a map the areas of the city he reviewed last year and the area he will assess this year. He indicated that the Local Board of Appeal and Equalization can not apen former assessments on which taxes are due and payable, This is to discuss the 201.0 value notice. To appeal to the County Board of Equalization, residents would have to appear at this meeting or have submitted a letter with their concerns before attending the County Board of Review. Brown stated that in 2009 there were 5,223 sales, county wide. Of those sales, only 1,548 were considered arms length transactions. There was an overall value decrease of 9.2 percent below the 2009 assessment. Brown stated that the 201.0 median ratio was 95.3, the coefficient of dispersion was 8.2. In Columbia Heights, for the 2010 assessment, we had 128 good sales and our ratio was 96.5 with a coefficient of 10.2, which is excellent. Rouleau explained how the median percentage is reached. Fehst re-stated that persons must first appeal to our local Board or the County will not hear the appeal. Diehm stated that they may still go to tax court. Rouleau stated the process of appeal is to speak to the assessors, then to the City Board and then to the County Board. Rouleau presented a letter of appeal from Tax Advisory, representing Legacy Companies, (Savers) PID Number 25-30-24-32-0168. 13 Diehm asked if anyone requested to receive a higher property values. Ducklow indicated that people have made that request. Steve Dziedzic, 1260-62 Circle Terrace, asked if the market value included the land and building. Brown stated it does and indicated he had spoken to Mr. Dziedzic prior to tonight. Dziedzic indicated that he felt his property valuation was too high. Ducklow indicated the property values for this property: $244,000 in 2008, $237,200 in 2009, $191,000 in 2011, dropping to $161,800 from sales of 10-09 to 9-09. Duplexes have dropped in value. Dziedzic stated that it is hard to rent this property, which he maintains, as others in the area do not keep up their property. Ducklow stated that we are never at current property values. Market values reflected at this hearing are from October 2008 through September 2009. Nawrocki asked Dziedzic if his rents decreased. Dziedzic stated that they have not decreased, but also have not increased. Brown stated that he did review these properties. Sales of duplexes are going back up. Diehm indicated that he may now appeal to the County Board of Equalization. Kelzenberg stated that he felt this area of town is getting better, but should be monitored. Fehst stated that the Fire Department will inspect the area. The Police Chief has gone into the area to j'YSePY tl'te Ty}P(~pIP, COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL INFORMATION IS DESIRED 1) Motion by Nawrocki, second by Kelzenberg, to adopt the 201.0 Assessment Rolls as presented. Upon vote: All ayes. Motion carried. ADJOURNMENT Mayor Peterson adjourned the meeting at 6:37 p.m. Patricia Muscovitz CMC City Clerk 14 ECONOMIC DEVELOPMENT AUTHORITY (EDA} MINUTES OF THE REGULAR MEETING March 23, 2010 The meeting was called to order at 7:00 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Marlaine Szurek, Tammera Diehm, Gary Peterson, Gerry Herringer, Bobby Williams, and Bruce Kelzenberg. Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. Also present were: Jack Boarman and John Gould from BKV, Sam Newberg from Joe Urban Inc. who did the market study, and residents Grace Lee and Mary Tholkes. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT AGENDA Nawrocki referenced a letter sent to residents to notify them of this meeting regarding the presentation of the Market Study for the Grand Central Proposed Project. He took offense to the wording of the letter. It is his opinion that because it is a Public Meeting, anyone should be aiiowed to speak on an issue. He doesn'i differentiaie between a Public ivleeting and a Public Hearing. 1. Approve the Minutes of February 23. 2010, Nawrocki asked if staff had checked whether GMHC had proper Insurance as referenced in the minutes from the February 23`d meeting. Clark said they had checked, and GMHC has the proper Insurance. Nawrocki then asked if the Phase 1 environmental assessment was done on the Root property. Clark responded that Phase 1 was done in November but the City has not received a copy of the report as of this time. He said the issue he addressed with a representative of the owner was that they have nat provided adequate documentation for reimbursement from the DEED Grant. Nawrocki asked if the site has contamination. Clark again stated he has not seen the report so he doesn't know if the site is r~nvetarre%reatPrl areri thPrPfnrn etaff hnc vent hnnnrPr-1 a ranae~ct fnr rPimherrcaavePVet fnr t~sP ...,..~~..........,,~, ~.,. ~........~.,., ~...~ .........,~ ...................yN,,.,...,..,,.....,~..,.....,......,. ~..., aSSeSSment. Motion by Diehm, seconded by Szu,°ek to approve the mintrtes• from the meeting of February 23, 2010, All ave.s. MOTION PASSED. 2. Approve the Financial Report and Payment of Bilis for February 2010 per Resolution 2010-OS Questions from members: Nawrocki questioned expenses from the February list of payments made as follows: Page 4-He questioned payment to Ehlers. Clark told him it was the fee for the Financial Seminar. There was a discussion regarding the list of bills paid and the financial statements that were enclosed in the agenda packets. It was noted that the first part of the report is the checks issued and the second part is the financial statements that indicate what fund the payments were applied to and how it relates to the budget overall. Motion by Szurek, seconded by Diehm, to waive the Reading of Resolution 2010-05, there being ample copies available to the public. All ayes. MOTION PASSED. 15 EDA MINUTES PAGE 2 March 23, 2010 Motion by Williams, seconded by Diehm, to adopt Resolzrtion 2010-05, approving the Financial Report and payment of bills for February 2010. All ayes. MOTION PASSED. EDA RESOLUTION 2010-05 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR FEBRUARY 2010 AND PAYMENT OF BILLS FOR THE MONTH OF FEBRUARY 2010. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer°s vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of February 2010 and the list of bills for the month of February 2010 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and. finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT SOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined. the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and. BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. 4. 13US1N~5~ 1'I'l+:S Camnity ardeza~- t.ai'tnCy explaillCU that tW(I indivlUU'ct1J ace liLtereSteu ii1 Jtailul~ a iJc7tiiTitiine~y garucn aiiu tiavtr approached the City. In both cases they have requested the use of a CitylEDA awned parcel. ane of the individuals is Grace Lee who lives on the 4200 block of Washington Street. She is interested in starting a 501 C3 non-profit and would do community gardens as part of this non-profit. The other is Mary Tholkes who lives on the 3900 block of Reservoir Blvd. and works for Wells Fargo. Mary is interested in community gardens as part of the Wells Fargo community outreach program. Ideally staff would like both parties to work together on this effort and use one lot, especially since this is the first attempt at a ``private community garden." Based on the collective discussions with both parties, ine oi5~jectivcs ui the con~triuiYity garden would uc iu ~eacl'i people ac,out gai•deiiiiig, pravid~ ,r~s~~ produce to SACA, and providing youth with garden experience opportunities. If the EDA would allow temporary use of a parcel, staff suggests using the city owned lot at the SE corner of 40i" Avenue and. Jackson Street (828 40t" Ave). The lot is vacant and has a hydrant located on the lot. The hydrant can be used as a watering mechanism for the gardens, as is the case for the Reservoir Blvd. City owned community garden. Clark stated none of the other Iots have hydrants located in a place where they could be used without having to go across a street or sidewalk. 16 EDA MINUTES PAGE 3 MARCH 23, ?010 Mary has requested that in addition to allowing use of the lot, that city prepare the site with tilling, adding black dirt and mulch. In discussions with Public Works it is our estimate that this will cost $1,000 in materials and staff time. In addition to site preparation, a meter with a back flow preventer must be installed on the fire hydrant with a cost estimated at $1,000. Total site preparation is estimated at $2,000. Mary is requesting the EDA help cover these costs. Her plan is to partner with SACA and have those clients that are interested in a garden plot to help work the site. Grace Lee wants to introduce youth groups or neighbors that are interested in learning about gardening and. working the site to be involved with her project. Four separate requests are before the EDA: (1) Allow the use of community garden on a City/EDA owned lot; staff suggests the vacant lot at 82& 40`" Ave. (2) To help pay for site preparation in an estimated amount of $1,000 (3) To help pay far the hydrant equipment at an estimate of $1,000 (4) Cost of water used at the site for the gardens. Staff t'P~l~lYYltYtPt'~lwtC the EDA SµtYlYlr'[1VP the IICP !~f el !`.(1rYiYT"i11Ytlty garden. at R?R ~nih Q VPYl1~,P~ anri that the users enter into an agreementtt'wtt''ith the EDA regarding the use. The EDA should discuss whether they want to have any financial. investment, other than the lot, for this project. If the EDA does agree to provide some financial assistance for this project, a motion will be necessary. Questions from Members: Peterson said when he received the letter he thought it was a good idea and that staff is recommending a good site to work with. However, he thinks the City's only responsibility should be to provide the lot and water. The tilling and seeding should be done by the volunteers themselves. Nawrocki agreed with Peterson. He asked if anyone had checked. to see if there is any room left at the Community Gardens site on Reservoir Blvd. Clark stated the City is in charge of the gardens at that site and that the individual plots are rented out for a small fee to cover the water and tilling expenses. He went on to explain there are only ~-3 small plots on that site that may be available. Diehm was looking at this issue as a community project that would provide a place for neighbors to gather and work together for a coanman goal. She knows others are interested in this as well as Grace and Mary. She also understands staff's concerns and recommends a policy be established regarding use of the City owned lots. One idea would be to use grant money received by the non-profit organization or from donations, for the expense of the water. Clark stated water is the major issue with using the City lots. The water and sewer have been cut at the street and capped, therefore there is no easy way to provide water to the gardens. That is why they had chosen the site at 828 40`" Avenue. Herringer agreed a policy should be established. He stated it must be understood that if the opportunity should arise to sell the lot for re-development, that would take precedence over the use for garden space. Peterson asked if the lots would need to be tilled and have mulch added to make them workable. Thoikes said they would. Peterson said. he would be willing to use the City's equipment to till the lots if he could get other volunteers to help with the process. He believes they should pay for the water usage. 17 EDA MINUTES PAGE 4 MARCH 23, 2010 Roseanne Rivers, 4224 Jefferson St, would like to expand her garden space, and share with other neighbors who are also interested in having a garden space. She wants to use the lot at 4235 Washington St. She suggested putting a rain barrel on the site to provide water to the garden spaces. Grace Lee said she has gone to meetings of the non-profit group "Gardening Matters", an organization that helps people start these types of neighborhood projects. She stated they recommend having at least 10 committed people for each lot to make them successful. Mary Tholkes stated she has over 30 interested parties from SAGA, so she figures out of that group, she can get at least 15 committed people. Fehst thought we should allow the use of the lots, provide the tilling and mulch and provide water to them. Nawrocki stated the City bought the lot at 828 40`" Ave for possible use by the Library for additional parking. He suggested sending this matter to the Library Board far their approval to use the tot in this manner. i~Iawrocki again suggested using space on the Reservoir Bivd site to accaminodate their- iiccds. Both Tholkes and Lee said the 2 or 3 remaining plots are not big enough for what they want to do. Diehm questioned if there would be any matching funds from non-profits for retro-fitting the hydrant and providing water to the site. Lee said they wouldn't qualify for funding at this time since they haven't established themselves as a SO1C3 yet. The discussion turned to use of rain barrels. Tholkes said it is possible to use them, but wondered whether they would attract kids and vandalism. Diehm then asked if we could handle these as an Interim Use Permit and have the requests go through the Planning Commission. Clark said we could, but the struggle this year is the timefrarne. They want to start planting by the end of April. Therefore, staff recommends trying it for one season only so we can evaluate costs involved and whether it is a success for one or two lots only. II~1-~~s~l~arn ~clra~ ca~6~at tha 1%aQBilitai to the d"itci ax~ntelrl h~ to aElnea~ r~ci~~tttc fin ttca t}tacP f itv ntunPt~ ~t3tc a a.,.~,.,a.~...,s ...,...,.. ..,.~.. ~a.., ,..~.,,..~ .., ,......, ,' ........... .... ... ........ ..~.,....,...., .,, ...,_ ....,.,,. _. .J ., ...___...,_... Cartney explained the League of MN Cities said the City's Insurance would cover the lots. Herringer asked if the expense for the backflow preventer is an annual expense, or a one-time cost. Clark stated it is a one time cost. Peterson asked why a meter is needed. Clark said it is only for tracking purposes and that one is used at the site on Reservoir Blvd also. Nawrocki asked what the purpose was for setting up a SO1C3 non-profit. Grace Lee said it would be necessary in order to qualify for firture grant money. You don't need to be anon-profit to start a community garden, but you would if you seek funding assistance in the future if this project is successful, Fehst said he thinks a list of people who wish to help with these sites should be provided to the City to ensure there is enough help to maintain the gardens. Cartney said a list would be required for those hiving a right to access the gardens as part of the agreement signed with the City. Motion by Diehm, seconded by Kelzenberg, to approve a community garden privately maintained and operated by Grace Lee and/or Mary Tholkes and authorizes staff to enter into an agreement for the same for ttivo City owned lots. The principals will come in and sign an agreement for one season. All ayes. MOTION PASSED. to EDA MINUTES PAGE 5 MARCH 23, 2010 The consensus was the City would provide two lots, one being 828 40t" Avenue and the other at 4235 Washington Street. Water would be provided to 828 40`" Avenue by the hydrant on site. The City will install a meter and back flow preventer. The other lot would need to use rain barrels. Mayor Peterson said he would volunteer to help till the lots if needed. Market Study for 47th and Central Ave Rental Proposal- The development team for the rental proposal at 47`" and Central Avenue commissioned a limited market study. The creation of this document was based on the desire of the EDA to corroborate the ability to construct the proposed development and what level of rent structure is achievable. Clark explained the purpose of the meeting is to give the EDA a chance to informally discuss (meaning that this is not a published public hearing but notifications were sent out to all individuals that have been involved to date, including parties on the 350ft. notification list} this proposal and to have a question and answer period. This proposal, along with the Site Plan and Minor Subdivision (which was appraved by the Planning Commission on a vote of 3 to 2} will be presented to the City Council at their April 12, 2010 meeting. Clark also told members that the changes were made to the Fourth Amendment to the Development Agreement removing the "rental language" as discussed at the last meeting. He informed members that Mr. Klober has signed the agreement. Jack Boarman made a brief presentation regarding the results of the limited Market Study that was done. He said the market study indicated that a rate of $1.20/sf to $1.45/sf could be supported in this area. He said the surrounding area has sufficient employment to attract the right age group. Within a five mile radius there are 50,000 employees to draw from. Clearly there would. be a market for this type of housing which. currently is unavailable. The study indicated the project has the right number of traits, the right rate range, sufficient people to draw from, and the right location with nearby freeway access. He is conf dent from the information gathered that with goad marketing, these rates would be on the 6mxr anr~ anr~ ~nsal~ h~ hicshE*r .., .. ,,...., .... ~.,..... v., ..t,..,.. Sam Newberg from Joe Urban Inc. was present to answer questions. Diehm said she understands why the basic concept should work well. However, she had. a problem with some of the statistics in the report. She said the vacancy rates for the surrounding area from 2008 to 2009 went from 4.9% to 7.3%. During that same time, Columbia Heights' vacancy rate went from 4.7% to 9.1 %. Our vacancy rates are higher even though our rents are lower. When comparing this project to the other five projects used in the study, she questions how they think people will pay higher rates for smaller units, especially in Columbia Heights where we are already experiencing the higher vacancy rates and lower rents. She used St Anthony as an example where the rates are generally $.76/sf to $ l .39/sf and are generally larger units. Newberg said the figures he indicated are in line with other developments. If the finishing is nice, smaller units can bring higher rates. People tend to look less at square footage of the unit, if it is designed. well and has quality finishing. Diehm asked why someone would choose Grand Central over an apartment at St. Anthony far less money. Boarman said it would depend what is available at the time someone is looking. If St Anthony is full or doesn't have the size unit someone is looking for, they would naturally look at these. This project won't be done for a couple of years, and hopefully in 19 EDA MINUTES PAGE 6 MARCH 23, 2010 that time, employment will improve, and new apartments will attract single young professionals, which we need in the area. Newberg estimates that 60% of these units will be occupied by single people. Diehm asked if the five used in the comparison are the closest to what our project would be like. Newberg thought they were and he was comfortable with the comparables used. Newberg said there are few comparisons available from the Fridley/Columbia Heights area. They tend to be smaller buildings and much older, so it is hard to compare to this type of project. New units, in large buildings, with amenities and security tend to draw young, single tenants. The older, lower priced, 2 and 3 bedroom units now available tend to draw families and income restricted tenants. Diehm asked if Springbrook Apartments in Fridley were used. He said they weren't as that complex is probably 1 ~-20 years old already. Herringer asked if Newberg considered the Missisippi River as a natural barrier since he didn't use any comparisons to the west. Most of the ones used were to the east. Newberg said it is considered a barrier and there weren't as many comparables to the west to use, as they are mostly older also. He s i r ~ r ~n,s i t F .] ,7:~FC ,.,.lam ~,-. L. 1;.,. aiSO plckea compariSOnS tnat [`ail along the c)7°t coi-'idor. 1-ierringcr ai5v toiiriu it uitii~u~~ cv ucii~Je someone would pay more for less square footage. Newberg and Boarman said they will pay more for less if they are perceived to be nicer. Newberg said the median income within a 5 mile radius is higher than you think. He believes it would be about $50,000 since we draw from downtown, Medtronic, and. the medical facilities in Arden Hills. With the present housing we have available, these people will not rent here because we have nothing to offer in the type of housing they wish to be in. Fehst asked if they could obtain financing with this limited market study. Boarman said no, the lender would need a more in depth analysis and. more factors to be included in a study to satisfy their requirements. But the results of this study give them optimism that there is a market for this type of project. Nawrocki said he understands the attraction of having a new unit. But what happens after ten years, when t1:iS :Mould 6se engigi~lered an n1rE ~°~iilding aregrdtng to the r~tirgertt study. He said he believes Size does enter into a decision to rent a unit or not. Boarman said the Commission needs to irinderstand that this is a transition to the new urban life style that is happening in our society. When asked if this project were built in Arden Hills would it bring a higher price point. Boarman stated. he didn't think it would because it would be further from downtown and from the freeway. He sees the location of this project being the big draw. Herringer asked whether smaller units make for more turn-over. Won't tenants in a studio apartment move out sooner than someone in a one or two bedroom unit? Boarman said it has more to do with an age group than the size of the unit. Tenants in these types of projects usually have leases for one or two years. The targeted age group of 25-35 year olds face life changes such as job changes, marriage, families, and. they tend to move on because of those reasons, not the type of unit. Since most of these units will be rented by one tenant, there should be less problems. Bigger units with more people tend to be more of a problem than the single ones. Herringer asked who the developer is in this project. Boarman said BKV is the architect, and the current owner Dave Klober has partnered with Clark Gassen to develop the site. Generally they would 20 EDA MINUTES PAGE 7 MARCH 24, 2010 form an LLC as part of their development agreement and may take on more partners to finance the project. He said it would take approximately 12 months to finance and design and another 12 months to build. He said one advantage this site has is that the site is construction ready. This is a tremendous savings to help move the project along faster. He was asked how soon the second building would be constructed. Boarman said a certain percentage of the first building must be rented in order to start the second building, but they would want to do this as soon as possible because the success of the project would require it to make it sustainable. Boarman said if this project is voted down, a different developer may come in with another similar plan, and that project will have to be considered also. The Zoning Ordinance does not differentiate between rental and condo buildings. He said home ownership is reverting back to the same percentage as it was in the mid 60's. The shift has cycled and the number of people renting is increasing. Boarman said the current high vacancy rate in Columbia Heights is due to people leaving the community, the economy, job loss, and families doubling up. Availability of quality rental is not available here. People with median or higher incomes don't want the kind of housing we have available in the city at the present time. Fehst said that larger complexes of rental have less impact on city services than the single family/double bungalow rental units. Diehm asked that the Police Chief and Fire Chief be present at the April I2tn meeting, or that they prepare an analysis on the impact they think this project would have on city services. She would like to hear their opinion on which types of rental cause more problems, larger rental complexes vs. smaller/single units. l~elzenberg is for this project and thinks the crty needs this type of housing option. He likes the fact that underground parking is being provided and that they have done a good job meeting all the requests. He is apprehensive about the ability to fill the buildings, but feels this is the right move for the city. He cz;non lr) lira to caa mnrP v;n2~r4 ty nrnfaccinn~al »annla 3-raien tr rlracx;n to tha ritzy to lialvi raaritali~a it Nawrocki said thev have done a good lob with design and construction, but note that the Architects will be gone after the project is done.~It will some down to the owner and managers of the site to make it a success. He thinks it wilt be a struggle to keep the buildings full. Ifthey can't maintain the occupancy, he is concerned they will drop the rent standards to keep them full. This is what can cause problems. He still believes ownership causes people to take better care of the property. A lot of effort was put into the previous plan and he thinks it was a mistake to separate out the commercial piece. He asked what the square footage of the land is for the two building sites? Boarman wasn't sure, as the site plan information was not present for this meeting. Fehst told Nawrocki that information would be included in the Planning & Zoning report going to the Council April 12tH Mady's Site Discussion- Clark stated that on November 24, 2009 the EDA gave direction to staff to investigate the possible acquisition of what is commonly referred to as "Mady's Bowling Alley Site" at 3919 Central Ave. Staff did not want to negotiate with Mr. Mady only as the property is held in a partnership, so any proposal would have to come from the Mady/Foss Partnership. Staff met with Mady's legal representative in December and in turn, an initial offer was made to the City approximately three weeks ago. Staff has undergone an extensive analysis of all of the issues associated with acquiring this parcel, as agreeing to a given purchase price is only one of a number of items that need to be 21 EDA MINUTES PAGE 8 MARCH 23, 2010 considered, Staff is not making recommendations regarding price points at this time, however the EDA needs to be aware of the following matters: 1) Acquisition of a property by a City entity, even if not done through eminent domain, triggers relocation benefits. Staff has secured a generalized estimate for these costs and is illustrated in the "Sources and Uses" budget located within this report. 2) The potential stumbling block for this acquisition is the existing lease at Dona Anita's (a Hispanic grocery store). The existing lease runs through 2011 with afour-year extension available until 2015. Any purchase agreement with Mady's would have to have a contingency that an agreement, acceptable to the EDA, would have to be secured with the owner's of Dona Anita regarding new lease provisions. They currently have 6,400 sf of space. 3} The initial offer is unclear about who would operate until the end of the three year contract period (including who is liable for taxes and receives rent revenue). 4) If the EDA is to proceed with this item a new appraisal on this property should be secured (an appraisal on this property was done in February of 2006}. Staff has secured two bids for this wank: Patchin, Messner & Dodd gave a hid price of $3,500 and ?~ageii Appraisal and Consulting quoted $i,aV0. Both of these appraisals viii complete a sales comparison approach and exclude doing an income approach valuation. 5) In order to understand the financial scope of this project staff has constructed a sources and uses budget. It should be understood that this is an estimate as a number of these items, especially the acquisition price, needs to be negotiated. Sources (Potential) $690,000 Three year income stream from FY 10, ll and 12 -Anoka Count levy $110,000 FY 09 -Anoka County levy $300,000 Housin Fund $100,000 Fund 420 m^rn mare ~/V,VVV mtr~ ~'e~n sa__t~Lt_ k ta..~~~..._ 1 LP 1`t rVUtclUiG tidiV4:~il.lAVft $50,000 S ecial ro°ects fund $~ ~7nnnn I i,/c. v,vvv ~ rrnrret a v a. < si..~ ~ Uses (Estimates-do not factor leasehold issues} $1,000,000 Ac uisition $60,000 Interest $160,000 Relocation Benefits $50,000 Professional Services $50,000 Contin enc ~ $1,320,000 ~ TOTAL ~ Clark stated the relocation fees were less five years ago than they are now. Changes to State Law affected the cap on this figure from $10,000 to $50,000 per tenant. He stated this is an important parcel for the re-development of the south end of the main corridor of our city. Staff presented various ideas for the process that would be followed for development if this property is secured. Staff seeks direction on whether to proceed and to authorize the securing of an appraisal. 22 EDA MINUTES PAGE9 MARCH 23, 2010 Questions from members: Fehst asked if the estimates in the "Uses" chart included a buyout of the leases. Clark said they do not. Peterson asked if soil correction expenses were accounted for. Clark said no, because we don't know what that figure would be. Soil corrections would vary depending on what type of development would take place on the site. Clark said appraisals are established. on the highest and best use of the property which is the present use, therefore an appraiser would not discount it for soil corrections. If the building is demolished. and re-developed, the City would face soil correction costs at that time. Peterson said it could. take a lot of money for soil corrections, and was concerned whether the City would ever be able to recoup those costs. Clark stated a FLAP report is almost done on the site which would give us a better idea of what can be done on the site. Fehst said from previous dealings, we could possibly cap the site and develop for less if there aren't a lot of underground levels put in. If the EDA wants to obtain the site, we should start looking for a developer who would build something the City approves of, get DEED grants in piece, and io do a performs for the project. Nawrocki asked who owns the property. Clark said the site is owned by the Mady/Fuss partnership. I-Ie said Foss controls the upper floor of 14,000 sf and Mady controls the lower level. Nawrocki then asked who staff met with. Clark said they met with 1`.~ady's attorney who was representing the Partnership. Diehm stated they may be willing to take less because there could be tax benefits to the seller if they accept less than the appraisal price, because the difference would be considered agift/donation. Staff should keep this in mind when negotiating. Hettinger asked if a tenant could sign away his relocation rights? Diehm said they could if properly written. Hettinger asked if we re-assigned awnership to a developer would the developer then become responsible for relocation expenses. Clark said no, it would remain the City's responsibility. It was noted the Developer would also have to obtain the I-Ieights Rental site in order to develop the entire site. This would be a separate issue from the one before the Commission now. Szurek thought we should get an appraisal first before we start negotiations. She noted the last one that was done was approximately six years ago. The members agreed. Clark stated he could get access to the building for the appraisal and will bring this back to the commission at a later meeting. Motion by Szurek, seconded by Williams, to authorize staff to enter into a contract with Nagell Appraisal and Consulting for an appraisal not to exceed $1800. Nawrocki wanted the appraisal to take soil corrections into affect. Clark said it can't as Appraisers aren't qualified to determine those costs and the extent of the corrections needed could vary depending on the project. The last appraisal done was not adjusted for soil corrections either. ALL AYES. MOTION PASSED. 5. ADIVIINISTRATIVE REPORT 23 EDA MINUTES PAGE i 0 MARCH 23, 2010 • Clark gave an update on the NHHI Senior housing project. He said HUD rejected the 202 proposal again. The appeals process also denied the project. Mike Bjerkesett said he will not re-submit a plan for this site again. • The grant for the parking ramp from the Met Council officially terminates April ls`. Staff will send out a default letter to terminate the Development Agreement with Ehtashim Khoratty. • Staff met with Developer Chris Little last week. He will bring a new proposal to the Commission at the next meeting. • Habitat for Humanity has done two rehabs for Anoka County. They are now trying to purchase six lots from Anoka County to build new Habitat houses on. Clark is concerned about having a concentration of Habitat homes in a small area of our city. It defeats the purpose of what the City has been trying to accomplish, If the commission agrees; he will send a letter expressing concern about using NSP monies to have Habitat build houses on all. these lots. The members all agreed this was a good idea. • Peterson would like staff to draft a letter to the Met Council thanking them far the extensions they granted, and to tet them know we appreciate their efforts. 6d OTHER BUSINESS The next regular EDA meeting is scheduled for April 27, 2010. The meeting was adjourned at 9.20 pm. Respectfully submitted, Shelley I-Ianson Secretary 24 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MAY 4, 2010 '7:00 PM The meeting was called to order at '7:00 p.m. by Vice Chair-Donna Schmitt. Commission Members present- Thompson, Fiorendino, Schmitt, and Peterson. Also present were Gary Peterson. (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Thompson, to approve the minutes from the meetings of March 2, 2010. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE 1`IIUMBER: 2010-0501 APPLICANT: Jeff Agnes, AIA /Savers LOCATION: 4849 Central Avenue NE I2F~TTEC'T• Cite Plan Ag~rnyal T.nar~ing Durk Aclc~itinn INTRODUCTION At this time, Jeff Agnes, along with Aarchitects, LLC is requesting a site plan approval for a new loading dock. and drop-off area for the Savers store located at 4849 Central Avenue NE. On September 6, 2006, Savers requested a Conditional Use Permit (CUP) for the outdoor storage of semi trailers. The trailers were to be parked on the east side of the property and. screened from adjacent views with a privacy fence. The reason for the outdoor storage request was that Savers had inadequate storage space inside the building and required the semi trailers for storage as an integral part of their day-to-day operations. Ultimately, the CUP request was denied by the City Council, based on findings that the screening fences would not provide adequate screening for the residential properties to the east. At this time, Savers is planning on expanding into the vacant end-cap portion of the building they are located in, making them the sole user of the building. This action will enable the stare to gain the necessary storage space in the building to suffice their operational needs. Along with the expansion, Savers would also like to add a loading dock onto the east side of the building and adrop-off area on the north side of the building. The proposed new loading dock. and drop-off area require a site plan approval because the property is located within the Design. Overlay 1-lighway District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related. activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for commercial-related activity. The proposed site plan meets the intent of the Comprehensive Plan. ZONING ORDINANCE The property is located in the GB, General Business, as are the properties to the south. The properties to the east are zoned residential and MXD, Mixed Use Development. The properties to the north are zoned commercial and residential, and the properties to the west are located in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. 25 PLANNING & ZONING COMMISSION MINUTES PAGE 2 MAY 4, 2010 SETBACKS. The GB, General. Business District requires that all additions be located no closer than 20 feet from the rear lot line and may be located directly on the side lot line. The property at 4849 Central Avenue is a corner lot, with frontage along both Central Avenue and 49t" Avenue. Because of the orientation of the property, the lot line along Central Avenue is considered the front lot line, making the eastern property line the rear lot line. The proposed loading dock addition is located on the east side of the property and is located approximately 76 feet from the rear lot line. Provisions in the Zoning Code restrict the location of all loading docks to no closer than 50 feet from the lot line of any residential or residentially zoned parcels. Being that the loading dock is 76 feet from the rear lot line, this criterion is met. PARKING. The Zoning Code _requires 1 parking stall for each 300 square feet of gross floor area for any retail establishment. Gross floor area is calculated by taking 90% of the total floor area. With the proposed addition, the Savers building will be approximately 33,633 square feet, with a gross floor area of 30,270 square feet. The size of building would require 101 parking stalls. Currently, the property Savers is located on has 144 parking stalls. The location of the proposed loading dock and. drop-off area require some reconfiguration of the parking lot to accommodate on-site traffic as well as the semi tractors used in loading merchandise. 1~or this reason, 29 parking stalls will be removed from the site, leaving 115 stalls for customer parking. Because only 101 parking stalls are required, the property wilt have sufficient parking with the proposed additions. DESIGN GUIDELINES The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40t" Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to the Savers store is the Highway District. BUILDING MATERIALS. The proposed loading dock will be Located on the east end of the building and will be screened by the building itself, along with the retaining walls to the east. The dock will be approximately 1,260 square feet in area and will be constructed. of brick to match the existing building. The drop-off area will also be constructed of brick to match the existing exterior of the building. The use of brick is consistent with the Design Guidelines for the area. SIGNAGE. The Sign Code only allows for a maximum of 200 square feet of signage for buildings in the GB, General Business District. The signage included with the application material is only a representation of the type of signage that Savers would like to implement. The type of signage meets the Design Guideline standards, as it consists of internally lit channel letters. However, the overall square footage of the signage depicted in the application materials would not meet the minimum code requirements. Staff has informed the company in charge of Savers' signage that the proposed square footage of signage exceeds the minimum requirements of the code. They have acquired a variance application form and will most likely apply for a variance to gain more signage on the building. The variance request would have to be reviewed by the Planning Commission at a later date. He told members the City may want to modify the sign ordinance slightly to deal with some issues that have become apparent due to language used in the Ordinance. This also will be addressed at a future meeting. 26 PLANNING & ZONING COMMISSION MINUTES PAGE 3 MAY 4, 2010 FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for building materials and also meets all setback requirements for additions to existing buildings. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed site plan is consistent :~~ith the Comprehensive Plan in that the proposal ~~~ill zzpgrade an existing commercial' business and will enhance the image and viabilit}, of the Central flvenue corridor. 3. The site plan is consistent with any applicable area plan. ?;t:ere zs no applicable az^ea plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed ,site plan involves the construction ~f a loading dock that is .screened adequately from adjacent uses. For this reason, the site plan minimizes any adverse impacts on property in the immediate vicinity and public right-of--way. Staff recommends approval ofthe proposed site plan, as it is consistent with the Comprehensive Plan. Ouestions from members: Peterson asked if the drop off s would be done internally or Left outside as they have been in the past. He wanted to know if there would be screening around the drop off area since it will be moved to the north side of the building. Peterson is concerned. with the appearance along 49`" Avenue and doesn't want donations left outside. Sargent told him that if merchandise is left outside, it becormes a zoning issue, and they would be cited. Fiorendino questioned the traffic flow on the site and asked if there would be adequate room far semi trucks. Sargent explained they are removing some of the parking spaces on the northeast portion of the site to allow plenty of space for maneuvering the semi trucks. He told members that the Fire Chief reviewed the plans and approved them as submitted. Schmitt asked where the dumpsters would. be located. Mr. Moran, from Savers, stated the compactor they currently have would be sufficient to deal with any garbage or unwanted items they have. Public Hearing Opened: Jeff Agnes, from Aarchitects Inc. and Tom Moran, from Savers were present to answer questions. Agnes told members that in the process of the remodeling, the parking lot will be seal coated and re-striped to improve the appearance of the business site. He told members that the drop off area will not be screened, but the donations will be handled. immediately and will not remain outside. 27 PLANNING & ZONING COMMISSION MINUTES PAGE 4 MAY 4, 2010 Thompson asked how big the trucks would be and how they would access the loading dock. Agnes told him the site has been re-designed to accommodate semi trucks and showed the members how they will back up to the loading dock. Peterson asked if the road along the south side of the building would remain open. Agnes stated it would remain open and explained how changes to the grade along the east line would. make it more accessible, especially for fire trucks. There was a brief discussion regarding the landscaping plans for the site. It was noted the new pedestrian bridge will be located about 50 feet further to the south with a spiral access on the Saver's side and a switchback access on the Hilltop side. Some landscaping will be done as part of that protect. Agnes told members they would be re-grading and replacing some of the existing retaining wall along the east side of the site as described in the plans. Some additional sod will be added on that side as a result. Agnes told members they are stilt obtaining prices and will be applying for the permit shortly. They hope to complete the protect before the end of the year, Public Hearing; Closed. Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2010-PZ03, there being ample copies available to the public. X411 ayes. It~fGTIONPfiSSE~. Motion by Fiorendino, seconded by Peterson, to adopt Resolution No. 2010-PZ03, being a resolution approving a site plan for the construction of a new loading dock and drop-off area for the building located at X8=19 Central Avenue. RESOLUTION N0.2010-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW LOADING DOCK AND DROP-OFF AREA FOR THE SAVERS STORE LOCA'I EU A`T' 4849 CEN 1'ILAL A V ENUt; W i t'HIN `1 HE CI'T'Y OF COLUM131A 1-lElGi-ITS, MI.NNESU T A VE7HERE~~C a nrnnncat (C`aca tk7(i t (1_(1~Q 11 hag hePn ~ruhrrrittars) by Taff A vnPC to tl-~a Planning and 7nnina , t.. .. Z.....,». ~.., ....,.. ~ ~ b.... , .b b Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new loading dock and drop-off area for the building located at 4849 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 4, 2010; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 28 PLANNING & ZONING COMMISSION MINUTES PAGE 5 MAY 4, 2010 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and. other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition far renewal of the permit. Passed this 4`h day of May, 2010, Offered by: Fiorendino Seconded by: Peterson Roll Call: All Ayes CASE NUMBER: 2010-0502 APPLICANT: City of Columbia Heights LOCATION: City ~6'ide REQUEST: Zoning Amendment Pertaining to Outdoor Seating PREP D BV: Jeff Sargent, City Planner BACKGROUND The City of Columbia Heights is experiencing a number of dining establishments that have requested. the ability to serve food and/or alcohol to customers outside. To date, the City does nat have a formal ordinance regulating this type of use. For that reason, staff is proposing a Zoning Amendment to help regulate restaurants and other eateries that might want to serve patrons outdoors. The necessity of such an ordinance amendment originates from the possibility that some restaurants may _ _ a._ ct__:_____ __.f_:i_ l.t___. .]____ ___a.J... Tl_,_ !'~:~._. ., .C !"'~.. 1..___L.:.. TT._: ,.L t...9 --'1 ,., j; ,~,.,, wait to Serve alcui~vl w ~ucu pati'on5 w~-uc iiECy u~uc vu~uuuES. i iic ~.uy vi ~ v~uuiuia nci~ic~~ r~ucc Chief, Scott Nadeau expressed the desire to regulate the manner in which restaurants could serve alcohol to natrnr;g ^'.:td~vrS be:;aj.:Se nftl~;P rsntential nPaative rir~~~,mctan~ec that ci~~h artinnc rn~ald nrc`cant r r da~ r• COJVIPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan by allowing the continual use and enjoyment of restaurants and other dining places in a safe manner. An overarching~oal of the Comprehensive Plan is to ensure the safety and welfare of the general up blic. 13~ restricting areas in T.~~hich alcohol may be served outside a restauran±, co~rpliance ~~~ith the Comprehensive Plan will be met. Sargent showed the members examples of various businesses in town to explain which ones would meet the criteria being proposed in the Ordinance, and which ones wouldn't. ZONING ORDINANCE The proposed amendments made to the Zoning Ordinance would include language regarding the operation of outdoor seating space for restaurants and other eating establishments. The proposed changes include: 29 PLANNING & ZONING COMMISSION MINUTES PAGE 6 MAY 4, 201.0 1. Outdoor seating plans will be subject to Planning Commission approval through the Site Plan Approval Process. 2. Outdoor seating shall be located fully on the property in which it is intended, and may not restrict pedestrian traff c on public rights-of--way. 3. Oaztdoor seating shall be on a hard surface meeting all Americans with Disabilities Act (ADA) requirements. =l. No outdoor seating shall be allowed on driveways or parking areas. 5. If the intent is to serve alcohol outside, the following regulations shall be enforced: a. The outdoor dining area shall be adjacent to the principal building and access shall be provided from within the principal building only. b. A barrier shall be installed arozznd the perimeter of the outdoor seating area, and shall be approved administratively on a case-by-case basis. c. The barrier shall not permit free and easy access to the outdoor seating area directly from the outside. /, Tf>Lze 1NtPNt 1,C to rr~t cer}Ie al~nhnl !17ltCl/~P tt'`l0 ~1)/CINP(C et?r„~11 r7Ytn,1~1 tho e~iy Ulrth irn ~ffi~lnilrt stating that no alcohol will be served outdoors. 7. The design of the patio area and any fencing and landscaping shall be sz~ch that sight lines in and out of existing or proposed access points are not obstructed. 8. .Temporary structures shall not be allowed within the outdoor dining area. 4. Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed in outdoor dining areas. 10. The outdoor dining area shall not take on characteristics of a building having a roof and/or walls. 11. The on-site parking retlazirements shall only pertain to the indoor seating capacity and shall not apply to any outdoor seating. GS FAST Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each. of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan by allowing the continual use and enjoyment of restaurants and other dining places in a safe manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for any restaurant or food establishment in the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. 30 PLANNING & ZONING COMMISSION MINUTES PAGE 7 MAY 4, 2010 Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. Staff recommends approval of the proposed Zoning Amendment. Questions by members: Thompson asked several questions regarding patio seating: Do businesses pay SAC units on outdoor seating?-Yes, as determined. by the Met Council Do the License Applications ask if a patio area is used, and if so, is it designated on the License?-Yes. lln we have any regieireneents regarding food service on patios?-No, Anoka County handles food iSSUeS. Some patios are used as smoking areas-can employees serve food/drinks on patio if smoking is occurring?-Yes, outdoor areas are not covered by the Indoor Air Act. Sargent explained this Ordinance is proposed at the request of the Police Chief. He wants to have some control over the serving of alcohol in an outdoor setting to prevent unlawful situations from occurring and to ensure the safety and well being of the community. The proposed. Ordinance grants some leeway to businesses in choosing a fencing style that works for them. He used the examples of Sarna's and Buffalo Wild Wings, stating their barrier/fencing both meet the requirements even though they are different heights and styles. Sargent also painted out outdoor patios that wouldn't meet the criteria such as Mr. BBQ (which doesn't serve alcohol, but was used as an example} and Puerta Del Sol (an open deck not accessed through the building}. Thompson had a problem with SB which states barriers would be approved administratively on a "case by case" basis. He thinks standardized rules need to be established so businesses know what the rules are. Sargent suggested changing the language so the barriers are approved by the Planning Commission, as part of the site plan process. Thompson also felt # 10 indicating that outdoor dining areas shall not take on characteristics of a building having roofs/walls was "re-defining" what is already in the Indoor Air Act. Sargent explained that outdoor dining areas are different than actual additions to a building with roofs and. partial walls, and therefore, the Indoor Air Act doesn't pertain. Sargent told members that changes can be made to this Ordinance before this goes to the City Council or after the first reading, if the City Council wishes to do so. Fiorendino asked how existing restaurants would be affected? Sargent said none of the existing restaurants would be affected. Sarna's and Buffalo Wild Wings already meet the requirements of the ordinance. Albert's and Puerta Del Sol have already been told they cannot serve alcohol outside, and Mr. BBQ does not have a Liquor License, so this does not pertain to them. Any new restaurant or an existing one that adds an outdoor patio would have to go through the Site Plan Process once the Ordinance is passed. Fiorendino also had a problem with the language in SB. He thought an explanation of why the barrier is necessary and what it must accomplish should be included in the language, so businesses know how to design it prior to submitting the Site Plan for approval. He then asked why parking requirements were not 31 PLANNING & ZONING COMMISSION MINUTES PAGE 8 MAY 4, 2010 increased for those places that add an outdoor patio area. Sargent explained that the patios are generally only used about 3 months of the year due to rain, wind, heat, bugs, etc.-therefore, there isn't a huge impact on the parking, plus staff thinks it is important to keep as much green space as possible on these sites. Sargent suggested looking at each case and possibly making it a condition of approval depending on how much seating is being added. Schmitt agreed that the barriers should not be handled administratively. She thought there should be some minimum standards provided to give businesses an idea of what is expected. She said the language should address the fact that the requirements can be met by width, not just height of the barrier. Schmitt stated she does not like the look of a six foot high fence, and thinks Sarna's style barrier is much more inviting. She said she ~s~ould like to hear from *.he Police Chief and possibly from some of the Resta~irants what they feel about this. Sargent said the Po1_ice Chief had reviewed the draft Ordinance and was happy with the items as listed. Schmitt asked Sargent to explain #7 sight lines of the access points not being obstructed. He gave an example of not b1c~Cking the view of where vehiClec enter/exit the site; Or not blocking a nearby intersection so traffic is negatively impacted. She then asked about #8 not allowing temporary structures on the patios. Sargent explained this would disallow the patio being used for outside storage during the off months. Peterson and Fiorendino both concurred that #8 & #11 need to have the language changed. Thompson suggested looking at Crystal's Ordinance. He thought they had a Model Ordinance that may be helpful. Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Thompson, seconded by Fiorendino, to table consideration of the proposed .zoning amendment until the next meeting .so that ehcrnges~ to the language can be made. ill ayes. MOTION PASSED. NEW ITSI SS Sargent told members that staff became aware of a housekeeping issue regarding the zoning assigned to a property located at 4555 Washington Street. When the R-2 district was split into R2-A and R2-B, staff went by information obtained by the Fire Department. This property had been issued a rental license for a duplex use, and therefore, was issued a R2-B classification. Recently, staff was called to the property on a child endangerment situation and discovered the residence is not a proper duplex. The first floor and basement area have non-conforming bedrooms and are not in a livable condition. The residence does not have separated access to what they considered two units. Sergeant said this property should be re-classified as a Single Family Residence. He stated there could be other properties like this one that have inappropriate zoning designations. Members agreed that the changes should be made to correct these types of situations. They also thought there should be a better definition of what constitutes a duplex so the unit is zoned and licensed correctly. The meeting was adjourned at 8:18 pm. Respectfully submitted, Shelley Hanson -Secretary 32 CITY COUNCIL LETTER Meeting of Ma 10 2010 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: `°` ITEM: Approve Transfer of Funds for Detox BY; Scott Nadeau BY: ~ Transports, and Unique 'Thrift, CHHS and AHDTF DATE: May 6, 2010 , ,, DATE: - ' Overtime from General Fund to Police Dept Budget Overtime Line #]020 NO. BACKGROUND The Columbia Heights Police Department transported 25 intoxicated persons to detox centers outside of Anoka County in the first quarter of 2010. Per our agreement with Anoka County, we are rearribursed $30 per patient transported in 2010. These transports go to Mission Detox in Pl,~rriauth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. We have received a check far $750 as reimbursement far these transports. Tvi tide first quarter of 2010 the Cal'aariibia Heights Police Dep2u'"i ierit w^vrlwed a Jer'cu'rA~ S~i.'uritj% d~taii5 at S Unique Thrift and events at the Columbia Heights High School. We were reimbursed $6,475 for the security details at Unique Thrift, and $3,931,25 for events at the Columbia Heights High School. The Police Department currently has an effacer in the Anoka-Hennepin Drug Task Force (AHDTF~. The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers part reimbursement of overtime incurred by the AHDTF officers. For the first quarter of 2010, the Police Department has received a check from Anoka County in the amount of $2,000 as partial reimbursement for the overtime of our AHDTF Officer. The total of all these checks is $13,156.25. This money is considered revenue and it was placed in the City General Fund. ru •%i~ir~iivi ate.. vai r..a vTvivt~e T11e Pc~lir_,e T?er~artt~~enf is rPna~~cfiing fihat 1~hege fi~ndc hP ~iaYerl hart; into the 7(11(113aiir;g Department r a------ l3udget line 1020 Overtime, from the General Fund. REC®MMENDED MfJTi®N Move to transfer $13,156.25, the amount of money received from Unique Thrift and Columbia Heights High School far overtime security details, and from Anoka County as reimbursement far detox transports and for overtime worked by the department's DTF officer, from the General Fund to the 2010 Police Deparim:,nt Budget lire i020, OV7t'"`iiiii~. kao COUNCIL ACTION: _` <~k 33 CITY COUNCIL, LETTER Meeting of; May 10, 2010 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER.` NO: Community Development APPROVAL ~`- ITEM: Resolution 2010-29-Joint Planning Effort BY: BY: Scott Clark With Minneapolis Regarding Central Ave. DATE: May 5, 2010 Streetcar Line Background: At the May 3, 2010 City Council work session representatives from Minneapolis, including Council Member Kevin Reich, Ward I, gave a very detailed transportation presentation regarding planning efforts for streetcar lines that could include a Central Ave. extension into our community. A key part of the presentation was that an alternative needs siudy is the nexi step in the process, and that Minneapolis would li_k_e the City of Columbia Heights planning support. The approval resolution supports these next efforts and. it should be emphasized that this resolution does not create a financial commitment to the City. Staff is working with Council Member Reich's office to get a copy of the presentation so it can be placed on the City's web site. Note: The City of Minneapolis is ~roViding some resol=.:±ion language to Drat staff and is not ready for the agenda, and as such, the formal resolution will be handed out at the Council meeting. Recommendation: Staff recommends the motion as written Recommended Motion: MOTION: Move to waive the reading of Resolution 2010-29 there being ample copies available to the public MOTION: Move to Apprave Resolution 2010-29 Approving Saint Planning Efforts with the City of Minneapolis far a Central Ave. Streetcar Line COUNCIL ACTION: 34 CITY COUNCIL LETTER Meeting of May l 0, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVA ,~' ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: May 4, 20 i 0 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for May 10, 201.0 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: .f ~. -' k` .,+ ,, 35 ~ List Of 2010 Rentsl Licenses to Approve by ~~ __ Council 825 41st Avenue N.E. - c©lumbia Heights, MN 55421 - Ph: 763-706-&156 -Fax: 763-706-8151 10003 1011 41 ST AVE NE Stamness, Anthony F10235 PO Box 63 $ 150.00 Warden, MT 59088 10005 3911 TYLER ST NE Nelson, David F10374 7395 Van Buren Street $ 150.00 Fridley, MN 55432 10012 4015 7 T H S T NE Bona, Brian F10325 1649 Summit Avenue $ 150.00 St. Paul, MN 55105 10022 1415 43RD AVE NE VICTORY FUNDING LLG, F10285 P(~ I~nx 221 q1 $ 150.00 Eagan, MN 55122 10041 4044 RESERVOIR BLVD Donnelly, Mike F10280 33 Demont Avenue W $ 150.00 Little Canada, MN 55117 10059 212 40TH AVE NE Renewcon Development LLC F10093 16059 Wake ST NE $ 150.00 Ham Lake, MN 55304 10068 567 37TH AVE Hackett, Dennis F10381 996 3rd Street E. $ 150.00 St. Paul, MN 55112 10068 567 37TH AVE Hackett, Daniel F10381 7456 Groveland Road $ 150.00 Mounds View, MN 55112 10096 411 40TH AVE NE Ferris, Bradley F10312 9445 Jennifer Court $ 150.00 Chisago City, MN 55013 10104 325 SUMMIT ST Gondek, Michael F10314 334 40th Avenue N.E. $ 150.00 Coiuml,ia Heights, iviN 55421 10116 4425 WASHINGTON ST NE Kaiser, Tom F10230 5229 Knox Ave. N. $ 150.00 Minneapolis, MN 55430 05/03/2010 11:46 Page 1 36 List o£ 2010 Rental Licenses to Approve by ~$ , -f' Council ,~,. __. 625 41st Avenue N.E. - Golumbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 10122 3808 RESERVOIR BLVD Johnson, Dave F10288 642 North St $ 150.00 St Paul, MN 55106 10130 3974 HAYES ST NE Seubert, LLC F10281 3988 Hayes Street NE $ 150.00 Columbia Heights, MN 55421 10 i 32 4409 ARTHUR ST tvE Picotte, Ronald F10183 3931 172nd Lane NW $ 150.00 Andover, MN 55304 10155 3817 HAYES ST NE Rutter, Joseph F10308 1827 W. 140th ST $ 150.00 Burnsville, MN 55337 10155 3817 HAYES ST NE Rutter, Joseph 0010191 1827 W. 140th ST $ 20.00 Burnsville, MN 55337 10167 3723 2ND ST NE Osterberg, Donald F10291 11448 Palm Street NW $ 150.00 Coon Rapids, MN 55448 10174 4058 QUINCY ST NE O'Malley Rental Properties, LLC F10218 225 Eagle Parkway $ 150.00 St. Paul, MN 55102 10181 4109 MAIN ST NE Chandonnet, Robert F10242 21425 Vale Street N.W. $ 150.00 Oak Grove, MN 55011 10183 4452 4TH ST NE Johnson, Joy F10301 12096 Dogwood St. N.W. $ 150.00 Coon Rapids, MN 55448 10188 4149 FOLK ST NE Mullen, Kevin F10378 7622 Lachman AVE NE $ 150.00 Albertville, I'viN 55301 10209 3708 2 1/2 ST NE Cities Home Rentals F10327A 1 $ 150.00 Minneapolis, MN 55418 05/03/2010 11:46 Page 2 37 ~ ~ ~ ~ s List of 2410 Rental Licenses to Approve by Council 825 4 1st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 10209 3708 2 1/2 ST NE Cel Monton LLC F10327A 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 10225 4905 5TH ST NE Cel Monton, LLC F10327 4905 5TH ST NE $ 150.00 Columbia Heights, MN 55421 10225 4905 5TH ST NE Cities Home Rentais F i 0327 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 12059 4207 2ND ST NE Bornholdt, Marietta F10124 4209 2nd Street $ 150.00 Columbia Heights, MN 55421 12061 3967 POLK ST NE Stenger„ Stephen F10329 3969 Polk Street $ 150.00 Columbia Heights, MN 55421 12074 936 42Nd AVE NE Steffl, Mark F10092 938 42nd Avenue N.E. $ 150.00 Columbia Heights, MN 55421 12075 4600 JEFFERSON ST NE Picken, Jennifer F10084 4600 Jefferson Street $ 150.00 Columbia Heights, MN 55421 12122 3902 RESERVOIR BLVD Yang, Joseph F10377 3904 Reservoir Blvd $ 150.00 Calumbia Heights, MN 55421 12126 4022 MADISON ST Lemire, John F10214 4022 Madisan Street NE $ 150.00 Columbia Heights, MN 55421 12182 1343 CIRCLE TERRACE BLVD NE Habeck, Chad F10290 4107 Reservior Blvd. $ 150.00 Lolumbia Heights, MN 5542 i 20011 4023 6TH ST NE Rivertown #2 LLC F10163 4935 Chicago Ave $ 150.00 Minneapolis, MN 55417 05/03/2010 11:46 Page 3 38 '. ~ List of 2010 Reata.l 1 Licenses to Approve by ~' Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 20024 1266 CIRCLE TERRACE BLVD NE Gutmann, Sheila F10333 4054 Birch Knoll Drive $ 150.00 White Bear Lake, MN 55110 20027 831 40TH AVE NE T.P.T. Partnership, Tim Taylar F10302 831 NE 40TH AVE $ 150.00 Columbia Heights, MN 55421 20036 4317 3RD ST NE Hassan, Diaa F10258 1202 Hathaway Lane NE $ 150.00 Fridley, MN 55432 20044 5229 7TH ST NE Matthes, Edwin F10265 545 54th Avenue $ 150.00 Fridley, MN 55432 20049 1215 CIRCLE TERRACE BLVD NE Kasar, Nurhan F10320 7824 Alden Way N.E. $ 150.00 Fridley, MN 55432 20053 4148 TYLER ST Rathje, Lesley F10324 5537 Lathrop Ave NW $ 150.00 Annandale, MN 55302 20054 5218 WASHINGTON ST Olin, Richard F10212 10682 Washington Street NE $ 150.00 Blaine, MN 55434 20064 4415 2 1/2 ST NE Henke, Kenneth F10090 4429 2-112 Street $ 150.00 Columbia Heights, MN 55421 20081 3833 RESERVOIR BLVD Nevils Jr., Gilbert F10257 11407 Kerry St. NW $ 150.00 Coon Rapids, MN 55433 20092 4351 WASHINGTON ST Maciaszek, Rose F10091 2882 Rice Creek Terrace $ 150.00 New BriglltOn, IifIIV 55 i `i 2 20106 204 42ND AVE NE Diekow, Ryan F10286 9130 Inverness Lane NW $ 150.00 Ramsey, MN 55303 05/03/2010 11:46 Page 4 39 .,, ! List of 2010 Rental ~ ``f Licenses to Approve by ~,~V,r', _. _ Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-7~6-8151 20108 3736 3RD ST NE Klick, Wade F10236 17003 Weaver lake Drive $ 150.00 Maple Grove, MN 55311 20130 5128 WASHINGTON ST NE Pliego, Jose F10305 5130 NE WASHINGTON ST $ 150.00 Columbia Heights, MN 55421 20133 4975 TYLER ST Cornelius, Chris F10328 7890 Queensland Ln. N G $ 150.00 Maple Grove, MN 55311 20134 1116 45TH AVE NE Medina, Julio F10087 1528 Monroe St $ 150.00 Minneapolis, MN 55413 20138 1004 COULD AVE NE Salvation Army Harbor Light F10094 1010 Currie Avenue $ 150.00 Minneapolis, MN 55401 20138 1004 COULD AVE NE Harsfield, Stephen F10094 1010 Currie Ave N $ 150.00 Minneapolis, MN 55403 20180 5152 WASHINGTON ST Koster, Kenneth F10213 4326 Greenhaven Court $ 150.00 Vadnais Heights, MN 55127 20186 1230 CIRCLE TER CE BLVD NE Tohey, Joseph F10089 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20187 5000 4TH ST NE Johanek, Mark F10083 PO Box 49503 $ 150.00 Blaine, MN 55449 20188 4215 2ND ST NE Schloesser, Ronald F10300 3234 Innsbruck Drive N. $ 150.00 New Brighton, MF~i 55112 20218 4610 FILLMORE ST Dessouki, Mohsen F10123 5867 Central Ave NE $ 150.00 Fridley, MN 55432 05/03/2010 11:46 Page 5 40 ~;_ List of 2010 Rental Licenses to Approve by i Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 20220 1153 CHEERY LN NE Wilson, Craig F10323 12530 Dorchester Trail $ 150.00 Apple Valley, MN 55124 20242 4624 TAYLOR ST NE Pomeroy, Wellyn 10276 740 107th Court N.E $ 150.00 Blaine, MN 55434 20243 3816 3RD ST i~iE Youngren, Mark F10231 2430 154th Ave NW $ 150.00 Andover, MN 55304 20246 1260 CIRCLE TERRACE BLVD NE Dziedzic, Stephen F10382 2346 Stinson Blvd $ 150.00 Minneapolis, MN 55418 20391 3920 ULYSSES ST NE Schubilske, Timothy F10332 5730 Royal Oaks Dr $ 150.00 Shorevievu, MN 55126 30001 4255 MAIN ST NE Kilgore, Gina F10048 6391 Monroe Street NE $ 188.00 Fridley, MN 55432 30006-NC3839 TYLER ST Parker, Theodore F10303 3839 Tyler Street $ 160.00 Calumbia Heights, MN 55421 30046 631 37TH AVE Breiiand, Mark F10234 PO Box 19641 $ 211.00 Minneapolis, MN 55419 30055 1400 47TH AVE NE Demetriou, Martha F10162 11159 Holland Circle $ 410.00 Eden Prairie, MN 55347 30056 1440 47TH AVE NE Wang, Wu F10222 16448 Holbrook Avenue $ 410.00 Lakeville, MN 55044 30057 1480 47TH AVE NE Shatzer, Wade F10181 1161 Wayzata Blvd. #312 $ 410.00 Wayzata, MN 55391 05/03/2010 11:46 Page 6 41 ,i Lls't Of 201® Rental J ~~ Licenses to Approve by ~~~~ Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 30072 3915 LOOKOUT PL Dang, Danny F10171 P.O. Box 10565 $ 248.00 White Bear Lake, MN 55110 30111-NG1625 TYLER ST NE Schumacher, Brad F10262 28551 127th ST $ 160.00 Zimmerman, MN 55398 30112 4357 TYLER PL Sekizovic, Muamer F 103x0 4635 Universty Ave. N.E. Apt #3 $ 160.00 Columbia Heights, MN 55421 30116 4619 TYLER ST Marth, Mary F10294 4215 41st AVPr~11P. $ 160.00 Minneapolis, MN 55406 30121 4634 TYLER ST Minhas, Anwaar F10319 8132 York Avenue S. $ 211.00 Bloomington, MN 55431 30122 4653 TYLER ST Rust, David F10122 5735 Quincy Street $ 160.00 Fridley, MN 55432 05/03/2010 11:46 Page 7 42 CITY COUNCIL LETTER Meeting of: May 10, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ,,~` ITEM: License Agenda BY: Shelley Hanson DATE: ~ ~, NO: DATE: May 5, 2010 BY: IBACI~GO / ALYSIS Attached is the business license agenda for the May 10, 2010 Council meeting. This agenda consists of applications for 2010 Contractor licenses. At the top of the license agenda you urill notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. Ri~:COlviivl~i~'I"iI~:J<'i %~OiIOIv; Move to approve the items as listed on the business license agenda for May 10, 2010 as presented. COUNCIL ACTION: ~~ -~ gip,-F g ~.~ 43 TO CITY COUNCIL May 10, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *General Sheet Metal *ACI Plumbing *Industrial Utilities Inc Czars of Tar *Seasonal Control Mech Pitch Perfect Plumbing *Vinco Inc *Manatce Plumbing *A-Action Drain &: Plumb 2330 Louisiana Ave N, Mpls $60 4829 Minnetonka Blvd. St Louis Pk $60 PO Box 76, Hugo $60 18475 Rum River Blvd, Anoka $60 6225 Cambridge St, St Louis Pk $60 10350 Dunbar Ave, Farmington $60 PO Box 907, Forest Lake $60 11525 199t" Circle, Silver Lake $60 771.0 Corcoran Tr, Corcoran $60 Nick's Tree Inc CARNIVAL 9000 Foxline Dr, Corcoran $60 PD *Family Fun Shows 20590 State I-Iwy 83, Mankato $200 44 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 10, 2010 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 134540 through 134674 in the amount of $ 674,30.00 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 45 W * * ~ ~ H L 7 + ~ x r~ ~ ~ C7 W ~ ~ H p ; ~ -# W W ~ ~ x~ o -~ ~U ~ H -~ ~o ~ ~ a co ~ ~ u] >+ a io ~ ~ P, o v~ ~ * * [2i U1 (1' i~ i~ H O O p ~ ~ + ~ ~ L ~ Haa ~ ~ ~ HC7C7 * ~ mw U ~ ~ ~r C ~ ~ -~ ~ -~ o u ~ a z ~ -k -k H M # -K ~ ~k ~ i< E-t ri H -k -k Lf} [4 4D i< is t< i~ ~K i~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '~ ~ a a u,~~u,~ ~u~uuuuu v ~ ~ H U v-+ Sa -F vvvv* + ~ U ~ p ~r ~, ~ii~ f-~, ~ ~ ~ zzz~* O ~' uI ~ •x U ri ro •~ ~ ~ ~ r-I x ~ zzzz~ p o~ -~ ~+ x x ~ p U •K (Si ~i ~ ~. 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ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 3, 2010 DATE: NO: 2010-2$ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 2010-28 - 1.218-1220 Circle Terrace Bvld. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number ~UIU-~~ being ample copses available to the publte. RECOMMENDED MOTION: Move to adopt Resolution Number 2010-28 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I~, Section SA.408(A) of the rental license listed. COUNCIL ACTION: 52 RESOLUTION 2010-28 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) ofthat certain residential rental license held by HNA Properties (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1218-1220 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written. notice setting forth the causes and reasons for the proposed Council action contained herein was given. to the License Holder on April 19, 2010 of an public hearing to be held on May 10, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 13, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 19, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained. uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on April 30, 2010 inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations ofthe City's Property Maintenance Code were found to exist, to-witm a. Shall replace missing shingles on shed roof b. Shall replace the torn screen on the 1220 side basement window 5, That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F 10227 is hereby revoked. 2. The City will past for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3, All tenants shall remove themselves from the premises within 45 days from the first 53 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Crary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 54